05 January 2010

There are new developments in the shocking murder of Don Belton, the gifted black gay writer and beloved Indiana University professor who was brutally stabbed to death over the holidays. Michael J. Griffin, the 25-year-old former Marine who admits to killing the English professor, has plead not guilty and is being held without bond. And the mainstream news media is beginning to explore Griffin's claim that the slender, 53-year-old academic "sexually assaulted" the decorated Marine who was less than half his age.

The former military man told police that Belton, who was openly gay, sexually assaulted him in front of his girlfriend, while they were both intoxicated on Christmas Day. And because the assistant professor of English refused to "show remorse," Griffin stabbed him to death, according to court documents. Despite his alleged confession, Griffin has pleaded not guilty to the killing. And though his defense strategy is not yet clear, others with similar cases have pursued a "gay panic" defense, hoping to persuade juries that they were rendered temporarily insane by the perceived romantic or sexual advances of the victim.

In the case of Matthew Shepard, the gay 21-year-old student at the University of Wyoming who was tortured and murdered in 1998, his attackers originally used the gay panic defense, arguing that they were driven to temporary insanity by his alleged sexual advances. Both attackers were given life sentences. One of the highest-profile cases to make use of the defense was that of Jonathan Schmitz, who killed his friend Scott Amedure after a taping of the The Jenny Jones Show where he learned that Amedure was sexually attracted to him. Schmitz was convicted of second degree murder and was sentenced to 25 to 50 years.

ABC News also reports the gay panic angle: "Bloomington Police Lt. David Drake told ABCNews.com today that police 'really don't know' if the incident on Christmas Day was consensual or not. Once in police custody, Griffin waived his rights and told investigators, according to the probable cause affidavit, that he went to Belton's home on Sunday to confront him about the two sexual encounters, which Griffin described as assaults. Drake said the sexual incidents allegedly occurred at Griffin's home on Christmas Day during a gathering with friends. He declined to elaborate on the nature of the sexual acts."

The gay panic defense has been deployed to various degrees of success in many cases reported on Rod 2.0. Most recently, 19-year-old Robert Hannah was sentenced to only 180 days behind bars for the brutal September 2008 beating death of Tony Randolph Hunter. Hannah claimed the black gay Maryland man grabbed his crotch and butt when the two men crossed paths on a Washington D.C. street. And in New York City, Steven Pomie was eventually sentenced to nine years for the brutal gay-bashing of Dwan Prince that left him partially paralyzed. Pomie claims that Prince flirted with him and blew a kiss at him.

Before issuing his sentence, Judge Rafael Diaz acknowledged many of the letters written to the court from gay rights groups and Hunter's family asking Diaz to sentence Hannah to the maximum 180 days.During the hearing, Hannah told Hunter's mother, sister and stepfather—who sat in the front row wiping away tears—that he was sorry, although he never looked at the family and kept his eyes on Diaz.

"We drove 300 miles to see him get six months in jail for killing my son," said Hunter's stepfather, John Yarborough of Franklinton, N.C., Hunter's home town. Hunter's family said they believe more people were involved. "My son was six-foot-three and about 200 pounds and a former army sergeant," Yarborough said. "One punch from that little guy wouldn't have done that. The [prosecutor] didn't press the witnesses. They didn't work hard enough."

Hannah claims he punched Hunter after the gay man grabbed his crotch and butt when the two men crossed paths on a Washington D.C. street.
Hunter fell to the ground, hit his head on the pavement and lingered for ten days in a coma. Hannah was arrested and charged with voluntary manslaughter. One of Hunter's friends denies the sexual advance. The witness says Hannah and three or four other men attacked them and were unprovoked.

Hunter's family members, D.C. Council member Phil Mendelson and gay activists have been outraged the United States' Attorney Office for
the District declined to pursue the original manslaughter charges or murder. The U.S. Attorney's office says the it could not because witness statements were "contradictory".

Four months behind bars for killing a gay man. Why not just a give him a gold star and plaque?

Diaz has set the date of Hannah's sentencing for Oct. 14, during
which he could be given a maximum of 180 days in jail, fined up to
$1,000, or both. At the Thursday hearing, [U.S. Attorney Kevin] Flynn asked Diaz to hold Hannah in jail until sentencing. Defense
attorney Joseph Caleb countered that Hannah is 'extremely reliable'
and that his attendance record with this case is evidence of that.
Caleb also argued that Hannah would not pose a threat if free until
sentencing in that, according to the defense, Hunter provoked Hannah: "He was offended by the way [Hunter] touched him. … He had a knee-jerk
reaction.''

Under the plea arrangement struck between prosecutor and Hannah in connection with the September 2008 death of Hunter, the maximum possible sentence is 180 days in jail. If he accepts the deal a trial would be avoided. In the letter to Channing Phillips, acting U.S. Attorney for the District of Columbia, Mendelson says that by foregoing a trial, the complete facts surrounding the case will never be known.

Benjamin Friedman, a spokesperson for the United States Attorney’s office, which prosecutes most criminal cases in the city, said his office could not comment on the case other than to note the grand jury decided on the simple assault charge after it "reviewed the evidence and considered the appropriate charges."

But gay D.C. attorney Dale Edwin Sanders, who has practiced criminal law in the city for more than 20 years, took strong exception to Friedman’s assessment. "Make no mistake about whose decision it was," Sanders said. "The grand jury signed off on the decision made by the prosecutor." Activists say the action by the grand jury has exacerbated already strained relations between gays and police and the U.S. Attorney’s office over the case, which surfaced last fall.

Police initially claimed the attack was motivated by anti-gay bias but later said they had "insufficient evidence" to support that motive. Hanna used a "gay panic" defense and his lawyer argued that Hunter touched grabbed his client's crotch and buttocks. Hunter’s friend says Hannah and three or four other men punched him and Hunter. The victim also tells police the attack was unprovoked and Hunter "never made sexual advances toward Hannah or anyone else." The U.S. Attorney declines to say whether Hunter’s friend was called as a witness before the grand jury.

Washington D.C. is home to one of the largest black gay communities in
the nation. Why do D.C. black gay activists remain silent on Tony Randolph Hunter's death and the outrageous plea arrangement? Are circuit parties and barbecues more important?

Robert Hanna plead guilty to misdemeanor assault on Thursday in the September 2008 death of Tony Randolph Hunter, who was 37. Hunter and a friend were severely beaten as they were headed to the BeBar, the popular gay club. A severe blow to the head left Hunter in a coma and lingering ten days in a vegetative state.

Under the plea arrangement, the maximum possible sentence the 18-year-old Hannah can receive is 180 days in jail. Community activist Keith Jarrell tells WJLA-TV the indictment sends "an alarming message" that violence against the gay and lesbian community is accepted: "The city has turned [its] back on the gay community in many aspects."

Six months in jail for killing a gay man in an unprovoked attack? Why not just give this teenaged killer probation and a cookie if he swears to be a good little boy and not kill any more homos?

UPDATE: Washington D.C. is home to one of the largest black gay communities in the nation. Yet they've been curiously silent on Tony Randolph Hunter case and the plea arrangement. Interesting.

26 January 2009

Washington DC Mayor Adrian Fenty promises gay activists he will increase efforts to fight anti-gay hate violence and will comply with a longstanding "but little known requirement" to submit to the City Council an annual report on hate crimes in the city.

That's according to the Washington Blade, which reports Fenty and Police Chief Cathy Lanier met as scheduled with representatives of Gays
&
Lesbians
Opposing
Violence. The administration reportedly made concessions on policing and prosecution, but, was not willing to issue a formal statement.

[Activists]
said
Fenty
and
Lanier
were
receptive
to
several
other
recommendations
from
GLOV,
including
one
calling
on
the
mayor
and
the
city’s
schools
superintendent
to
set
“measurable
goals”
for
reducing
anti-gay
and
anti-transgender
harassment
and
bullying
by
students
against
other
students
at
public
schools.
The
mayor
also
agreed
to
immediately
arrange
for
his
office
to
comply
with
a
longstanding
but
little
known
requirement
that
the
D.C.
mayor
submit
to
the
City
Council
an
annual
report
on
hate
crimes
in
the
city.
Lanier
agreed
to
keep
GLOV
up
to
date
on
police
training
programs
related
to
hate
crimes,
Metrokin
said.
He
said
she
also
made
a
commitment
to
carry
out
a
plan
she
announced
in
2007
to
keep
the
department’s
Gay
&
Lesbian
Liaison
Unit’s
central
office
intact
in
Dupont
Circle
while
assigning
gay
and
lesbian
officers
to
serve
as
liaisons
to
the
GLLU
at
each
of
the
department’s
seven
districts.

The
chief
did
not
agree to add two more officers to GLLU and restore staffing to its level of one year ago.

Another important development coming from the meeting regards the case of Tony Randolph Hunter, the black gay Maryland man who died after a brutal street attack near a popular gay bar in Northwest Washington DC. GLOV
has complained
that
the
U.S.
Attorney’s
office is not aggressively prosecuting Robert Hanna, the
18-year-old
man
charged
with
involuntary
manslaughter
in
the
September
beating
death. Police initially believed the attack was motivated by anti-gay bias but later said they had "insufficient evidence" to support that motive.

Activists say also Fenty and Lanier will "facilitate
a
meeting"
between
GLOV
and
the
new
U.S.
Attorney
for
D.C. who
will
be
appointed
by
President Barack
Obama.

Robert Hanna is charged with involuntary manslaughter in the Sept. 7 beating. Hunter, 37, and a friend were severely beaten by four men as the two were headed to the BeBar. A severe blow to the head left Hunter in a coma and lingering ten days in a vegetative state. Hunter died ten days later.

Police initially believed the attack was motivated by anti-gay bias but later said they had "insufficient evidence" to support that motive. "At this time, there is no information to classify this crime as a hate or bias crime," said Police Chief Cathy L. Lanier, who was joined Mayor Adrian M. Fenty and other officials at a news conference announcing the arrest. Lanier tellsWaPo Hanna and Hunter "exchanged words" which led to a fight and Hunter's fatal injuries. The police chief did not reveal what was said in the altercation but the two men did not know each other.

Four men beat up two gay men who were minding their own business and headed to a gay club. Reportedly there were not robbed. What "words" could have been exchanged that could have lead to such a brutal beating? An involuntary manslaughter charge hardly seems appropriate for such a vicious attack, but, gay men are often re-victimized in their death.

The 37-year-old Hunter and a friend were severely beaten on September 7 near Eighth and N Streets N.W. The two were headed to the BeBar, the popular gay club. Four men attacked Hunter and his friend and police initially classified this as a hate crime. The Washington Blade:

Advisory Neighborhood Commissioner Alexander Padro said two people familiar with the investigation told him police were in the process of obtaining a warrant for the arrest of one suspect that was identified by an informant.

Padro said he was told that the suspect confessed to killing Hunter, but the suspect insisted he acted in self-defense after Hunter made advances toward him.

"I’m very concerned that this guy is trying to use the gay-panic defense,” Padro said. “It’s ridiculous, and I hope the police don’t fall for that kind of nonsense."

When questioned about the situation, police spokesperson Tracy Hughes issued a brief statement and declined further comment.

"No warrant has been issued,” she said. “However, there is a person of interest in the case. Detectives are continuing to follow up on several leads."

A severe blow to the head left Hunter in a coma and lingering ten days in a vegetative state. The Clinton, Maryland man died on September 17th.

Investigators withdrew the hate crime classification after determining "there was insufficient evidence of anti-gay bias and that robbery appeared to be the motive for the crime." At least one of Hunter's associates tells Newschannel 8 he believes anti-gay bias was the motive, and, indeed, this outrageous "gay panic" defense would seem to prove the anti-gay bias. The four men initiated the attack against the Hunter and his friend. No words were spoken. What could these four men have possibly feared? Once again, it seems that gay men are re-victimized in their death.

19 September 2008

A black gay Maryland man dies after a brutal street attack near a gay bar in Washington DC. Detectives back away from their initial theory this was a "gay-bashing" but the victim's friends are not convinced.

Thirty-seven-year-old Tony Randolph Hunter and a friend were severely beaten on September 7 near Eighth and N Streets N.W. The two were headed to the BeBar, the popular gay club. A severe blow to the head left Hunter in a coma and lingering ten days in a vegetative state,. Hunter was pronounced dead on Wednesday afternoon. Report and video at Newschannel 8.

At first, investigators suspected gay bashing. A group of four young men attacked Hunter and his friend as they walked to a gay bar. But based on witness accounts and since the assailants robbed Hunter, police now call it a homicide.

Reportedly the victim's "wallet, keys and cell phone were taken" and detectives are now examining surveillance camera footage to identify the attackers.

The surviving victim tells FOX 5 no anti-gay slurs or epithets were shouted. "We had just gotten out of the car when four to five guys came up on us fast," he told FOX 5's Paul Wagner. "They didn't say anything—just started swinging. Some of the men attacked Tony and some came after me. I punched back and was able to get away. When I looked back down the block I saw Tony on the ground."

It's probably no coincidence that FOX 5 has more details on the crime but never once mentions the victim was gay, never says the word "gay", or, for that matter, suggests what type of hate crime police initially pursued. Nothing to see here, keep moving. The omissions reinforce conservative talking points that gay men and lesbians are not beaten and killed over their sexuality.

Random violence or hate crime? It may not make a difference. Tony Hunter’s tragic death is the just latest in a series of violent crimes that have victimized District-area gays and lesbians.